Florida Senate to vote on ‘sexting’ penalties

The Florida Senate is scheduled to vote Thursday on creating penalties specifically for the titillating teen trend of "sexting," which now falls under felony child-pornography laws.

The bill (SB 2560) would create punishment for teens who send nude or suggestive photos of themselves to one another via cell phone or e-mail while also easing up on current law that allows sexting teens to be prosecuted under child pornography laws and labeled as sex offenders.

The sexting bill would punish teens for the racy, regrettable behavior without labeling them as sex offenders, the House sponsor, Rep. Joseph Abruzzo, D-Wellington, has said.

The House hasn't yet voted on its version of the bill (HB 1335), and with only two days left in the legislative session, the Senate version may go to that chamber for a vote.

Under the measure, sponsored by Sens. Dave Aronberg, D-Greenacres, and Eleanor Sobel, D-Hollywood, if one teen sent a naked photo to another, both could be prosecuted — the first for sending the picture and the second for possessing it.

The first offense would be punishable by eights hours of community service and a $60 fine. Subsequent violations would escalate to misdemeanors. A teen convicted of sexting a fourth time could be charged with a third-degree felony, punishable by a maximum of five years in prison and a $5,000 fine.

Sexting has become a growing trend among teenagers, with a 2008 survey showing that 20 percent of teens and 33 percent of young adults, ages 20 to 26, have sent nude or seminude photos of themselves electronically.

Current Florida law has no provisions dealing with sexting, although people who send naked photos of themselves or others can be prosecuted under child pornography laws.

That's what happened to an 18-year-old in Orlando. Phillip Alpert was charged with distributing child pornography when he sent naked pictures of his 16-year-old girlfriend to her friends and family after the two had an argument. He was sentenced to four years probation and required to register as a sex offender.